Aryan Khan tells Court 'grave charges loosely leveled'; bail hearing adjourned to Oct 14

In a key development in Mumbai's cruise drug bust case, the Sessions Court on Wednesday adjourned the hearing of the bail plea of Shah Rukh Khan's son Aryan Khan to October 13, Thursday. Along with Aryan Khan's plea, the bail pleas of two other accused in the case - Arbaaz Merchant and Munmun Dhamecha - has also been adjourned till tomorrow. While Aryan and Arbaaz are presently lodged in the Arthur Road Jail, Munmun is lodged in the Byculla Jail.  

Aryan Khan's arguments 

During the proceeding, Aryan Khan's lawyer Amit Desai read out NCB's reply. Advocate Amit Desai said, "The whole reply is on this- that each person is connected to each other and conspiracy in the commission of offences. There are 20 or 21 people arrested in the case, there has to be some connection. They can pick up anyone saying this person is connected to consumption, drug peddler, or involved in drug trafficking, etc."

Aryan Khan's counsel advocate Amit Desai also accused NCB of levelling grave charges against his client. "They have mentioned illicit drug trafficking in the application, which is a very frightening and serious allegation and they have dumped it on Aryan Khan. Illicit trafficking is a term of law. How can NCB, who knows NDPS act in and out, use this term so loosely?" argues Aryan Khan's lawyer Amit Desai. 

'Illicit trafficking deals with Section 27A, with a punishment of 10 years, but in the remand application, or panchnama, the NCB hasn't spoken about illicit trafficking. When Aryan Khan was searched, they took his mobile phone, they searched. They did not invoke 27A which deals with Illicit trafficking, and Aryan was never arrested under Section 27A,' argued lawyer Amit Desai. "The offenses I was arrested for were not 28 and 29,  I was arrested only and only 20B and 27.  I was arrested for 20B which doesn't apply, 27A - I was not arrested for," he added. 

NCB's arguments

After hearing the arguments of Aryan Khans' lawyer Amit Desai, ASG Anil Singh representing the NCB said, "Aryan and Arbaaz both met at Aryan’s place. Arbaaz went to his residence, went to the same car, and then towards the terminal. I can show the panchnama, which is signed, that says that the contraband seized was taken for 'their' consumption. 'Their' as in Aryan and Arbaaz. He added, "To say that my case is totally different than others and I was not found in possession, that may be is correct."

ASG Anil Singh further argued, "My contention is, so far 20 persons have been arrested, and out of these 20, four are drug peddlers. There is a person who was arrested with a commercial quantity. Aachit is a drug peddler and there is some communication between him Aryan and Arbaaz. There is one accused name Shivraj Ramdas, he was in contact with Arbaaz. They are drug peddlers. Accused no 17,18,19,20- Aachit Kumar, Chinedu Igwe (Nigerian), Shivraj, and Okaru (Nigerian) are drug peddlers, and also ABDUL Shaikh. Commercial quantity was recovered from him."

"It is a case of conspiracy, and it is not necessary that from all the accused, commercial quantity to be found. Where there is even a small quantity, there is a case of section 29. If I am applying 29, a case of conspiracy, then everyone is reliable for the same punishment," he added. 

Citing a WhatsApp chat of Aryan with a foreign national, ASG Anil Singh said that there conversation about drugs in bulk. "We have approached the MEA to find out how we can reach the foreign nationals," he said.  Aryan Khan and 19 others have been arrested in relation to the Cordelia cruise drug party that was busted by the NCB on October 2.